Guidance

Sri Lanka: information for victims of rape and sexual assault

Updated 19 October 2022

If you’ve been sexually assaulted it’s important to remember that it was not your fault. Rape and sexual assault is always wrong – no matter who commits it or where it happens. It is traumatic and it can affect you both physically and emotionally. Do not be afraid to get help.

This information is provided to help British people overseas make informed decisions about whether and how to:

• seek medical advice and attention
• make a report to local police
• engage with foreign legal authorities following a rape or other form of sexual assault overseas

For information on support available in the UK, see Rape and Sexual Assault: Returning to the UK.

First steps

It is your choice about what you do next, but this information may help you in coming to a decision. The most important thing is to make sure that you are as safe as you can be. You can:

• contact the Police emergency number on 119 or on 1912
• contact your tour operator if you are travelling with one
• contact the British High Commission on +94 11 5390639. High Commission staff will be empathetic and non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish.

If you want to report the incident to the police in Sri Lanka

The law requires victims to get in touch with the police immediately to report the incident.

The British High Commission cannot report a crime on your behalf, but we can speak to the police, once you have reported the crime, to register an interest in the case and to follow up on the case.

You can approach the police directly either by calling their emergency number 119 or 1912 or in person at any police station. If you approach the police directly, you can also ask them to inform the British High Commission on +94 11 5390639 and they can offer you consular support. You will always be able to speak to trained consular staff on the telephone 24/7.

If you have a tour operator, they should be able to arrange for someone to support you whilst you are reporting the incident to the police. If you do not have a tour operator and you are in Colombo, where the British High Commission is located, we will try to send a consular officer to support you. Depending on where you are we may also be able to send a consular officer to support you in other regions in Sri Lanka. If you are far from the British High Commission and we cannot get to you quickly enough, with your consent we will try to liaise with the local police via telephone.

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained. Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts.

Tell the police if you think you have been drugged.

Request a police report which usually is in Sinhalese. Police will not provide an English translation. This needs to be done by a sworn translator.

Where possible a female officer will be in attendance depending on the police station/area.

You should request for an English speaking officer, but again this will depend on the police station/area.

Additional information

• you will not run any risks of reporting an RSA to local police. But delayed complaints may affect your credibility at the trial as false complaints are fairly common here
• extramarital sex is not a crime, but a ground for divorce. An act of homosexuality is a crime under the Penal Code under Article 365 of Sri Lanka’s Penal Code
• every police station has female officers and many police stations have separate units to investigate offences against women and children. In Court, a matron is at hand while a female victim testifies. A Court house is usually cleared of the public and other litigants when victims of sexual violence testify. Male police officers are available if you prefer to deal with a male officer
• English-speaking officers are not always available. Offences committed against British nationals are rare. In Court, interpreters Mudaliars are available if you testify in English
• you can retain your passport whilst any investigation is carried out
• all criminal acts are considered offences against the State. Therefore, you will be represented by police or Public Prosecutors depending on the gravity of the crime

If you do not want to report the incident to the police in Sri Lanka

The British High Commission will be able to help you. This includes helping you to contact your insurance company, your family, making arrangements to travel back to the UK and/or provide you with information on local support in the UK.

They can provide you with lists of English-speaking medical facilities, lawyers and translators

If you are travelling with a tour operator, you can report the incident to them and ask for assistance. If you wish, the tour operator may accompany you to the local hospital. If you wish, and depending on location and timing, a member of consular staff may be able to accompany you.

It is your choice on whether to report the crime. If you don’t report the crime in Sri Lanka, it cannot be investigated.

Even if you do not report the crime you can still get medical attention. If you go to a Government/National hospital, by law they have to report it to the police. If you go to a private hospital, you can request that it is not reported.

If you want to report the incident to the police in the UK

It is possible to report the crime to police in the UK, however, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction. UK police force cannot investigate crimes committed overseas. Foreign police forces can decide to request assistance from the UK police, but this cannot be guaranteed and is a very lengthy process. It can therefore be very difficult to guarantee that any justice can be accessed without reporting the crime locally. Please see Rape and Sexual Assault: Returning to the UK after rape or sexual assault abroad for more information.

The support available to you, and your access to justice may vary according to where you report the crime. In many countries, you need to report the crime before you leave the country if you want it to be investigated and police to obtain important evidence.

If you are staying in the country where the crime took place, you should report the crime in that country. If you are a British national and you need help to report the crime, you can contact the nearest British embassy, high commission or consulate, or the Foreign, Commonwealth & Development Office in London.

If you do not report the crime in the country where it happened and you return to the UK, you can still report the matter to your local UK police.

The UK police should send the information you provide to the country where the crime happened. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction and they may not take action.

You can report the crime to the UK police even if you are not seeking an investigation abroad. The UK police can offer you access to victim support in the UK. They may still send some details of the crime to police in the country where it happened. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

Reporting the crime in Sri Lanka - what happens next?

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained. Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence.

Police will arrange for a medical examination by the Judicial Medical Officer (forensic examination). The clothes you were wearing will be treated as the production to establish the crime. The police have authority to take steps to take you to the scene of the crime. This is not to locate the accused person who caused the crime, but to collect or gather evidence to substantiate your complaint.

If you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts and social media messages.

Tell the police if you think you have been drugged.

Insist you get a police report, and request a translation in English if applicable.

Local police will not automatically inform UK police about any incident that takes place in Sri Lanka unless it is requested by the UK police. They will also not request UK police to conduct checks on a victim who has returned to the UK.

The medical examination: what to expect

Sri Lanka has both National (Government) and Private Hospitals.

If you sustain injuries, most National hospitals will provide the initial treatment. You may get transferred to a larger National hospital where there are specialists including an obstetrician, psychiatrist and a forensic medicine specialist (Judicial Medical Officers) available. The Police will issue a Medico Legal Examination form (MLE form) to be filled by the Judicial Medical Officer (JMO). A specialist JMO and/or an obstetrician (in the case of women) would examine the patient and will submit the report to the police.

DNA tests are not routinely done. However, swabs are collected and sent to the Government Analyst for examination if the JMO decides to do so. Routine STD clinic referrals are made and patients are examined by the venerologists or medical officers specially trained to do so under a venerologist’s supervision. Injuries are documented in the form of sketches in the bed head ticket (BHT) and the MLE form. Photographs are not routinely taken.

Not all Private Hospitals will treat victims of rape and sexual assault as these are considered as a Medico Legal case. In the private sector, you will have better privacy (private rooms as opposed to general wards in the government sector). You will initially be treated on medical grounds. Proper assessment and treatment is done with an informed written consent. If you do not wish to proceed with medico-legal services, you will be treated on medical grounds and after initial medical management, you’ll be offered counselling, emergency contraception, prevention of STI etc. You may also, however, request the services of a Judicial Medical Officer.

In Private hospitals, such cases are not reported to the Police without consent. If you do decide to proceed with medico-legal services, the police will be informed about the case. The medical information is considered confidential and the medical examiner will convey the necessary information to the legal authorities with your consent. Depending on the situation and with proper consent, all the above necessary information and forensic samples will be collected. You can refuse steps of the examination at any time as it progresses.

Consular staff can accompany you to the hospital should you so wish us to do so and where possible. Tour operators may accompany you or any other person of your choice.

Treatment

HIV PEP is available in hospitals where there are consultant venerologists. HIV PEP is available in all the STI clinics in all the districts. Depending on the need, you could be transferred to such a facility. A short course of HIV PEP is available in some private sector hospitals as well.

HIV PEP medication needs to be taken within 72 hours of the crime for it to be effective. The NHS may be able to commence or continue the 28-day treatment on return to the UK.

Emergency contraceptive pills are available in almost all the pharmacies and are available as over-the-counter medicines (does not require a medical prescription).

Foreigners are provided services in all government hospitals. They will be requested to pay a nominal fee for any treatment they receive.

In Private hospitals, payment can be made with credit cards or insurance.

If you have had medication administered overseas, you may wish to keep the label or make a note of the name of the medication, so that you can let your local health provider know when you return home.

Police investigations in Sri Lanka – what to expect

The police will not take you to the scene of the crime, or where you think the attacker is located to try to identify and arrest the person. The police will arrest the suspect based on the information you give. The official identification is done before a Magistrate at an Identification Parade.

Usually if an arrest is made, the police will take the alleged perpetrator before the public prosecutor within 24 hours. In regard to the time frame, it is not possible to give any indication except to say that prosecution does not take place instantly.

You will not be required to go before the public prosecutors to make a statement. The lawyer will have access to you. There is a mechanism under which pro bono services are offered which is referred to as legal aid.

There would not be any impediment for you to leave the country. But when the case is taken up, you should be available for evidence-in-chief and cross examination.

Court procedures – what to expect

If a suspect is ordered to trial, you will be expected to testify in court at the trial stage. You cannot testify from the UK and will be expected to return to the country.

Police will handle the case and are expected to keep you informed, but this is not guaranteed. There are multiple benefits in hiring a lawyer because a lawyer who is conversant in the subject will ensure that the charges in a charge sheet will be formulated in a manner to prove beyond reasonable doubt. Additionally to look after your best interest.

If the case is referred for further investigation, you will have to give an additional statement.

The law states that the crime committed is against the State. Therefore, in terms of the law the permission of the Attorney General/Police (in the capacity as representative) will have to be obtained to drop the charges and withdraw the case.

When a complaint of rape is made, police have to conduct proper investigations to observe credible evidence and to charge the rapist. If you make a complaint and the police having genuinely conducted the investigations and ascertained that the complaint was made without any basis, then the alleged assailant may press counter charges claiming false accusations.

There is no state-funded compensation scheme to cover physical or psychological injuries suffered as a result of a violent crime.

Taking case to trial

The Police or the Attorney General will file charges, especially in the case of a rape.

No assistance for travel and accommodation will be given by the authorities in the country to attend a trial. However, if you have returned to the UK you may still be able to give evidence to the court by video conference. Your lawyer can advise you on the procedure to request this.

Trial procedures

You will be notified about the dates of the trial in terms of the law. The language of the courts other than the North and East is Sinhala language. Tamil is the language in the Northern District and the trial will take place in Sri Lanka. It is not possible to say if you need to be present at every court session since it would depend on the discretion of the court.

The judicial process in Sri Lanka is slow. It is not possible to give any indication as to how long a trial will take. It can take several months or longer for a case to come to trial. Rape and Sexual Assault trials can last a few years.

The authorities of Sri Lanka will not assist you with travel and accommodation arrangements. They will not provide any support.

Hiring a lawyer

See list of lawyers in Sri Lanka.

Communication

You should appoint a lawyer, who is familiar with the judicial system in Sri Lanka, to represent you. If you do not want to appoint a lawyer, then you have to contact the police directly to request updates on the case.

Your lawyer will normally communicate directly with you by email and telephone. You can also give your UK address for letters to be sent to.

Legal aid

Sri Lanka has a system referred to as “legal aid”.

Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial. Read more about it on http://www.legalaid.gov.lk/

Sentencing

Sentences are mainly weighted in favour of punishment and this is passed down by a Judge.

Compensation

Magistrates Court to High Courts are empowered to order the offender to pay compensation for any injuries or losses.

There is no state-funded compensation scheme to cover physical or psychological injuries suffered as a result of a violent crime.

When you return home to the UK

You may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you so that you can talk about the experience and seek further support and advice.

England	NHS Choices website, or search the internet for ‘NHS SARC’
Scotland	Archway SARC: phone 0141 211 8175
Wales	New Pathways SARC: phone 01685 379 310; Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland	Rowan SARC Northern Ireland: phone 0800 389 4424; Ynys Saff Sexual Assault Referral Centre

If you believe you may be at risk of having contracted a sexually transmitted infection (STI), you should ask your local health provider to test you. You should do this even if you have been tested in the country that the assault took place in.

Support organisations in Sri Lanka

It is your choice to let people know about what has happened to you. If you are ready to talk about it, these organisations may be able to help you.

Women In Need – Non Governmental Organisation (NGO)

25 Tickell Road, Colombo 8 Tele: +94 11 4718585 (24 hrs) Email: [email protected] Services offered: Legal and Counselling (English)

Sumithrayo NGO

60/7 Horton Place, Colombo 7 Tele: +94 11 2682535 Email: [email protected] Services offered: Counselling (English)

National STD/AIDS Control Programme

Website: http://www.aidscontrol.gov.lk

Screening for STI with confirmatory testing, treatment of STI and PEP.

Disclaimer

This information has been prepared by HMG officials who are not legally or medically trained. It should therefore never be used as a substitute for professional medical or legal advice. It is intended to help British nationals overseas make their own informed decisions. Neither HMG nor any official of the Consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and was accurate at the time of production (02/02/2022).